KP that is not correct. If someone undertakes unauthorised works or additions that affect common property, and there is no special by-law, and then the lot is sold to someone else, the OC is stuck with it. Refer both my and Whale’s previous posts.
If an OC took it upon themselves to rip out an air conditioning unit that serviced a lot on the basis that it was an unauthorised addition by a previous owner, they would be in a hell of a lot of trouble. The same applies to an addition that needs servicing – if there is no by-law specifying that it is the responsibility of an owner, then the OC has to do it.
Even where someone does unauthorised works and they are still there, the OC can’t just wade in and remove them. We are in that position at present with an owner who seems to find it amusing to ignore numerous notices to him telling him not to do that kind of thing, and just keeps doing it. If the owner refuses to consent to a by-law then the only option is for the OC to seek an order for one, or in the alternative an order permitting removal of the works.
Yes it is messy, but that is the way the law works in NSW. That is why, as Whale points out, it pays to be vigilant.